U.S. v. Dekelaita

Record contained sufficient evidence to support guilty verdict on charge of conspiracy to defraud govt., where defendant-attorney submitted asylum applications from his clients that contained either fabricated allegations or exaggerated facts regarding extent of persecution that clients had endured. Record showed that defendant in nine asylum proceedings/interviews had employed interpreter who spoon-fed answers to clients and incorrectly translated clients’ responses to provide more favorable, but untruthful answers. Fact that Dist. Ct. had vacated all three substantive convictions for providing false statements related to one asylum application did not require that his conspiracy conviction be vacated, since: (1) crime of conspiracy focuses on agreement itself; (2) failing to achieve conspiracy’s goal does not negate underlying agreement; and (3) defendant’s client admitted to lying during his asylum interview. Also, any variance between allegations contained in conspiracy indictment and evidence at trial was immaterial, since there was sufficient evidence to establish one conspiracy to defraud govt.